DIWAKAR LAMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant writ petition has been filed on behalf of the petitioner praying therein to issue appropriate writ(s), order(s), direction (s) or a writ in the nature of mandamus commanding upon the respondents not to take general cadre duty although the petitioners have been appointed on the post of Band Constable. If the respondents take general cadre duty from the petitioners and as such the respondents shall provide all the consequential benefits to the petitioners. Similarly, to the general cadre constable. That the juniors to the petitioners are general cadre have been promoted.

(2.) Learned counsel for the petitioners has submitted that petitioners had been appointed on the post of band Constable after fulfilling all the procedures law laid down of the appointment and all the petitioners are working on the post of Band Constable since the date of appointment with full satisfaction. It is further submitted that the Band Constable is specially separate cadre from the others which cannot be merged into the other cadres. Learned counsel for the petitioners further submits that there are 13 battalion in the Jharkhand Armed Police in the State of Jharkhand, in which the band cadre is separate cadre. Further, it has been submitted that the respondents are taking the services in general cadre from the petitioners, rather they have been appointed for the band cadre. So prayer, has been made to give direction not to take general cadre duty.

(3.) Counter-affidavit has been filed on behalf of the respondent no. 2 stating therein that Jharkhand Armed Police (J.A.P-1) Band, position of S.I. (A) 1, Havildar-6 land Sepoys-341 has been approved. Seniority wise among 6 Havildar, Senior Havildor is ranked as SI (A) incase of vacancy. In case of vacant Sepoy position, it is advertised out and like general Sepoy, Ban Sepoy have to clear physical and medical check up . As Sepoy of Armed Police, they undergo basic training and are provided with all the facilities that other general Sepoys enjoy. Like general Sepoy all the benefits alike equal salary, rental, ACP and seniority wise promotion is given to them. So, the instant writ petition is devoid of merit and liable to be dismissed.